Amendment to the Constitution of the European Union



  • Serious reform is needed in these hallowed halls, this is the second commission in a row I believe that has seen mass inactvitity even compared to previous commissions. A majority of the commissioners are either impeached or resigned, I commend Premier Whiteford for her efforts in attempting to bring discussion to this topic, but due to only my recent election I've decided to dig up this recently buried topic.


    As such I hereby propose this amendment to Article III of the European Constitution:

    Article III- The European Executive

    Section I- The Definition of the European Executive

    I. The European Executive is the executive authority of the European Union. The European Executive shall be headed by a President, elected by the European Council. It shall also consist of Cabinet Secretaries, servicing at the pleasure of the President, who shall be confirmed the European Council.

    II. The Presidential term shall last six months, a nation may not have a citizen or national serve as the President for more than two consecutive terms.

    III. The President and the various Secretaries do not represent nor are they related to any government of the European Union. Each Cabinet Secretary must be from a separate country, and may not be from the same nation as the President.

    Section II – Duties of the European Commission

    I. The European Executive is charged with the duty of managing the Offices of the Presidency, as well as the various Cabinet Secretaries.

    II. The European Executive is responsible for the enforcement of European Council decisions among the member states, as well as the decisions of the European Court of Justice.

    Section III – Election Procedures

    I. Any nation may put forward as many candidates as it wishes, but only the most successful candidate from each nation is eligible for election.

    II. The nomination period shall last seven days, to be followed by a seven day period in which debates shall be held, to be followed in turn by seven days of voting. Voting for the European President shall be conducted via the Alternative Vote system.

    III. Voters rank in order of preference as many candidates as they wish.

    IV. Ties shall be broken by determining the proportion of each candidate’s votes that are first preferences, with the candidate with the highest proportion winning the tie. If that is tied, the process shall be repeated for the next-highest preference. If the candidates are tied for all preferences, then the tie shall be broken by a coin toss.

    V. The new President shall be sworn in and replace the outgoing President the next day, he shall then propose his proposed Cabinet Secretaries as required by the European Council.

    Section IV – Decision-Making in the European Commission

    I. The European Executive may replace the President as a result of a vote of impeachment. If such a motion succeeds, it is required a nomination and election of candidates as outlined in Article III, Section III.

    II. The President has the right to remove any Cabinet Secretary as seen fit by the President, however the Council may reject such a motion on any grounds.

    III. Any decision made by the European Executive shall be vested in the European President, who may vest decision making powers in his secretaries as he sees fit.

    IV. The European President has the right to veto any resolution, motion, law made by the European Council, the Council however may override this veto using a supermajority.

    V. The European President has the right to direct the implementation of Council legislation as they see fit. This includes but is not limited to the use of Executive Orders.

    VI. The European President shall be succeeded by the Speaker of the European Council, pending an official by-election.

    Section V- Cabinet Secretaries

    I. Cabinet Secretaries shall be defined as officers in the European Executive under the President who organize and administer the offices under them

    II. The European Council has the right to define these offices, how many they are, and what powers they possess.





  • END DEBATE- 2/3/16 6:33 PM

    END AMENDMENT VOTING- 2/5/16 6:33 PM

    END GENERAL VOTING- 2/8/16 6:33 PM


  • Mass Effect RP

    "At last, a concrete proposal for this issue that's been a thorn in our side for so long, although there are a few changes I'd like to see made. I therefore propose the following amendments:

    Amendment 1 - Article III, Section I, Clause I:

    I. The European Executive is the executive authority of the European Union. The European Executive shall be headed by a President, elected by popular vote among European citizens. The AV electoral system shall be used, with each member state's Councillor obliged to vote in conjunction with his or her member state's individual Presidential election results. It shall also consist of Cabinet Secretaries, servicing at the pleasure of the President, each of whom shall be confirmed by the European Council.

    Amendment 2 - Article III, Section II:

    Section II – Duties of the European Executive

    Amendment 3 - Article III, Section III:

    I. Any nation may put forward as many candidates as it wishes, but only the most successful candidate from each nation is eligible for election.
    dd
    II. National elections for the European President shall be held in the member states, using the Alternative Vote system. The results of these national elections shall be binding on the Councillors of their respective nations, who shall vote on behalf of their citizens to elect the European President, protecting the One Nation One Vote principle.

    III. The nomination period shall last seven days, to be followed by a seven day period in which debates shall be held, to be followed in turn by seven days of voting. Voting for the European President shall be conducted via the Alternative Vote system, with Councillors being bound to the results of the national elections among their member states' electorate.

    IV: Councillors voting for the European President shall list as many preferences as the results of their member state's national election dictate.

    V. Ties shall be broken by determining the proportion of each candidate’s votes that are first preferences, with the candidate with the highest proportion winning the tie. If that is tied, the process shall be repeated for the next-highest preference. If the candidates are tied for all preferences, then the tie shall be broken by a coin toss.
    VI. The new President shall be sworn in and replace the outgoing President the next day, he shall then propose his proposed Cabinet Secretaries to the Council, who shall then confirm his or her proposals by a simple majority vote..

    Amendment 4 - Article III, Section IV:

    Section IV – Decision-Making in the European Executive

    I. The European Executive may replace the President as a result of a vote of impeachment. If such a motion succeeds, it is required a nomination and election of candidates as outlined in Article III, Section III.

    II. The President has the right to remove any Cabinet Secretary as seen fit by the President, however the Council may reject such a motion and reinstate said Cabinet Secretary by a super-majority vote.

    Amendment 5 - Article III, Section V, Clause II:

    II. The European President has the right to define these offices, how many they are, and what powers they possess, provided these powers do not infringe upon this Constitution, passed legislation or European Court of Justice rulings.

    "The addition of these amendments to the proposal would, in my view, create an executive that can actually execute legislation passed by the Council, and therefore make the European Union a functioning organization again."

    Speaker John Walters



  • Mr. Speaker I request that your amazingness grant an additional two days of debate.


  • Mass Effect RP

    "Granted. Debate shall be extended by two days. It shall now end at 6:33 GMT, 05/02/16."


  • Moderator

    I'm really glad to see this on the Council floor. I really, really like the idea behind this. But there are some clarifications and elaborations that need to be made. There also a few wording errors that I don't really like, and I am also a strong proponent for having the European executive directly elected by European voters, but luckily I've been spared here, seeing as Speaker Walters has proposed such agreeable amendments. Thank you for those, Speaker. However, I'm still left with a few things I'd like to see resolved before we go ahead with this.

    My biggest scare is the fact that this bill doesn't state that it succeeds the Commission. So any bill that has previously mentioned or was related to the Commission will become, by default, entirely defunct. Or, more worryingly, we might actually have both a Commission and an Executive on our hands. This amendment needs to state that it abolishes the Commission and that the Executive will succeed it, and that this Executive will carry-on any legislation or institutions previously accredited to the Commission.

    I also believe that we need to define and outline what the "Executive Orders" are. This bill states there is such a power, but doesn't mention what it is or what it can do.


    It's also quite problematic that this bill states that the Executive can quite clearly veto powers, and use Executive Orders, but it doesn't state that the Executive has any real duties, apart from vaguely mentioning how it has the right to implement legislation carried out by the Council. I'd like to therefor propose an amendment of my own:

    Article III; Section IV; Clause V:

    V. The European President has the duty to direct the implementation of Council decisions as outlined by passed legislation, or as they see fit, as long as it does not violate the Constitution. This includes but is not limited to the use of Executive Orders.



  • ECoJ

    "This very Council voted to retain the Commission just a few days ago, it is quite difficult to see this amendment being proposed.

    Anyway, there are multiple reasons why the Empire of Inimicus most certainly cannot vote in favour.

    Placing as much authority and power in one person's hands is, I think, against the democratic principles we all so value. Moreover, I don't see how the so-called Cabinet secretaries - which make the EU sound a lot like a superstate - differ from the Commissioners we currently have. What we should do is give Commissioners the power to, say, propose legislation to the Council (not vote on pieces!) and make Commission candidates more aware of what they are allowed to do. That way we will create a more active executive without overhauling the entire system and making terms a whole lot longer, which I think is a total mistake. Therefore, at least I would like to propose the following amendment:

    Article III, Section I, Clause II

    [quote]II. The Presidential term shall last six four months, a nation may not have a citizen or national serve as the President for more than two consecutive terms.[/quote]

    I also share the well thought of concerns of Cllr. Firoux. There is such vagueness in this proposal, to the point where amendments would not be enough. What do executive orders do, what power is entailed in them, and is there a limit as to how many executive orders can be made?

    All these concerns cause His Imperial Majesty to oppose this bill with ferocity."

    Ralph Jaevons


  • Mass Effect RP

    "The Council voted in favor to keep the status quo because there was no credible alternative. The only other option was to abolish the executive branch completely which, although appealing to myself and a few others who voted to do just that, didn't attract wide support. If there was a concrete proposal or proposals such as this one in that vote, then I'm fairly certain they would've won the day. Besides, there is obviously appetite for change to the Commission, one just has to look at the last election for it, even though the promises made there didn't exactly come to fruition.

    "On your second point about centralizing power in one persons hands, there are two aspects to this. One, even if that was the case, I wouldn't be opposed to it. The executive needs a strong point of focus to direct it, rather than what is really nothing more than a glorified Committee with statement issuing powers. We've seen that decentralized power in the executive has done very little to make it a credible, working body, and its time to try a new approach. Each Commissioner doesn't know exactly what they are allowed to do, besides issue endless statements which is always the safe bet to avoid negative press. Even Premier Whiteford, who I have to say has done as much as she realistically can on this issue, is bound by the vagueness of the constitution as to her power, and, and I don't mean to offend her, is more or less just a ceremonial figurehead rubber-stamping Council motions and making the odd announcement now and again. This isn't what an executive is there to do.

    "Secondly, the proposed President will not be a dictator by any means. He or she will be bound by term limits, the subject of your amendment which I wouldn't have a problem in supporting, as well as the other provisions in this proposal. The Council will be able to overrule the President's decisions regarding the use of his or her veto and the members of his cabinet. What the proposed President will be is a unifying figure, one that can take legislation passed by this Council and execute it in a meaningful way. For example, he or she could issue an executive order ruling that the half-hearted implementation of the Cannabis Legalization Bill in Davishire was illegal. This is the point of the executive, to make it so that the legislation we pass is implemented properly. While we try our best, authors of bills and amendment proposers can't foresee every single eventuality that may hinder their implementation, which is where the executive comes in. We can't put provisions in every bill that counter any work-arounds that those opposed to it try to use to get away with not implementing it, if we did each bill would be hundreds of pages long."





  • "I would propose a minor ((I think?)) amendment - instead of naming the body 'European Executive' I would prefer it to be the 'European Secretariat' to reflect the Secretaries who make the most up of the body, or to go further to amend the President to be a Secretary General. Otherwise I would support the bill, if it would help activity in the EU executive branch at least"

    Councillor Paul Willemburg


  • Moderator

    "I ask the Speaker for another extension on this debate, seeing as we've yet to hear from the vast majority of the Council on the matter. I imagine there are still some Councillors who might want to get a chance to state their opinion."

    Firoux couldn't help but notice Councillor Stuart's particular absence. She must have been scared off since their first date they had together over the weekend. Firoux had treated her to an expensive dinner at Europolis Ritz-Carlton Hotel, and he thought everything went well, but she had not contacted him since then, which is worrying.

    "Councillor Javeons has proposed an amendment which I also find agreeable. However, I disagree with his belief that a centralization of power would lead to less democracy. Speaker Walters has already made some good points regarding this, but there's still something to be said about the fact the Commission isn't even really democratic in the first place, and that this proposal would lead to leaps and bounds in terms of the democratization of our executive,. Just because we have five positions to fill in a Commission, rather than one seat in a Presidency, doesn't really mean it's democratic. It just means we have to allocate more power to more people. As it stands, however, we as Councillors get to decide who makes up the Commission, and the vast majority of Europe has no idea who any of these people are. Hell, I bet there are many in Europe who don't even know who the Councillors are either, since we can simply just be appointed too! Our entire Union is broadly undemocratic. In a few instances there are some people who get to cast ballots for their Commission options, but these cases are rare, inconstant and unofficial. If we are to adopt Speaker Walter's amendments, then the European people would get to directly choose a President, and that President would then choose Secretaries that would be confirmed by the Council. Now just imagine if we revisited my previous Council proposal, and we allowed the European people to directly choose their Councillors: a President chosen by the people, who must choose Secretaries that must be approved by Councillors, whom are also elected by their own people.. what a victory for democracy that would be!

    Besides, having appointed Secretaries for various offices makes more sense than elected Commissioners. Most Commission candidates simply just want Premiership and that's it. In the end, we only get one Premier, and then we inherit four slightly disgruntled Commissioners whom then usually have to occupy portfolios they don't want. This is how we get Foreign Affairs Commissioners who don't have any interest whatsoever to run their post, and usually don't fully understand how our Foreign Affairs works in the first place. This is also how we get the Commissioner Beeches of the world, who openly state that they don't know how to run their office, and that the Premier should regret putting them there. Secretaries would allow the President to allocate the right people to the right fields. It would also allow for quick removal of inactive officials. No more 'but we're already half way through the current Commission term, so just wait another 2 months', no more 'but I still have 3 more months until I i finish my term, so I'm sure I'll get it done'. If a Secretary is inactive, or entirely incompetent in their portfolio, they'd be easily removed and replaced. That could finally bring an end to our painfully slow and complacent Commissioners who've come to dominate their positions in recent times.

    As for what we name this Executive, I don't see how there is any problem here. The label of President works in conjuncture with the label of Secretaries. Correct me if I am wrong, but isn't that how almost all Presidencies work? You have a President, and then the Secretaries or Ministers he or she appoints below them. A President isn't called a President because he or she in charge of a Congress of other Presidents. A President is called a President because they're in charge of the Secretaries or Ministers. Besides, a European Secretariat sounds like we're ushering in a new age of Communism with the intention of creating European five year plan. But that's neither here nor there."


  • Mass Effect RP

    "Granted. The debate shall be extended by a further 3 days, ending at 6:33 GMT, 08/02/16."

    Speaker John Walters



  • Commission

    "Whilst I can say that the Davishirian government is most interested in this proposal it has asked me to express some concern. The main concern is relating to executive orders. What are these orders? I know that previous councillors have provided their interpretation as to what the Aalenic councillor means by the term however regardless of interpretation some form of definition as to what they are, how they are issued and some regulation around executive orders should be considered.



  • Councillor Stuart entered. She breezed past Cllr. Firoux and sat down. She hadn't the heart to tell him he'd spent the last hour of their date the other night with a suspicious-looking smudge of chocolate mousse on his forehead. She conversed with her aide, who'd took notes through the debate thus far, and then stood to speak.

    "I think this is an issue that merits further discussion. The inactivity of many Commissioners in this and previous terms does call into serious question the very concept of the Commission, and Cllr., er, the Councillor from Aalen is right to revive this discussion, which went unaddressed in the last opportunity offered. I believe, however, that a broader discussion would be much more valuable than this proposal, which I find objectionable in a number of ways. The first of those would be the very term 'President'. Unlike 'Premier Commissioner' or, say, 'Chairman of the Executive', such a title strongly suggests the conversion of the Commission into the executive branch of a single, unified, federal republic. In common parlance, countries have Presidents, and the EU is not a country. For that same reason, I find Speaker Walters' first and third amendments especially objectionable. We didn't vote down de facto European Parliamentary elections only to leap into European Presidential elections, with ourselves as a sort of electoral college instead of, as in Cllr. Firoux's proposal from the other week, a collection of constituency representatives. It's also worth noting that the European Court of Justice section of the Constitution refers to and is heavily reliant on the current Commission section - we can't afford to accidentally break the Constitution, nor do I think we want popular elections for a Chief Justice who then appoints his Justices willy-nilly."

    "My complaints about the amount of power being collected by one person have already been articulated by Cllr. Jaevons. My other concern would be at the vagueness regarding the Cabinet Secretaries. I believe it should be a fairly basic requirement of the Constitution that executive offices other than the Presidency be laid out in detail. I believe a Foreign Affairs Secretary and an Internal Affairs Secretary would be necessary, at the very least - and with such offices established, I believe it would be strongly beneficial for the region if Presidential candidates were to announce their candidates for the cabinet offices before the election, when they're nominated, so they'd run as a sort of slate. Perhaps, then, we could hold separate elections for each office, so weak slate members don't get into office by riding their Presidential candidate's coat-tails. But these are just ideas. And this is a time for ideas, not hard-and-fast legislation. So I oppose this proposal, and I shan't propose amendments."


  • Commission

    Speaker, apologies for the delay in this however I have amendments I wish to propose. Understanding the significance of this I hope that you can accept them despite being handed in a few hours after the amendment proposal deadline. ((OOC- For some reason my computer wouldn't let me post these yesterday)). I also propose that the debate period be extended to allow proper discussion on these issues.



    And that the Section IV(V) be amended to the following


    V. The European President has the right to direct the implementation of Council legislation as they see fit. This includes but is not limited to the use of Executive Orders.
    Va) Executive orders can only be issued in relation to the implementation of legislation passed by the European Council and are open to challenger in the ECoJ



    I also propose that Section V be amended to the following


    Section V- Cabinet Secretaries

    I. Cabinet Secretaries shall be defined as officers in the European Executive under the President who organize and administer the offices under them

    II. The Cabinet secretaries shall be elected by the European Council, the number of secretaries can be chosen by the European Council.

    III. The European President then has the power to determine the office and the responsibilities of the Cabinet Secretaries as necessary. This must be approved by the European Council

    IV. Cabinet Secretaries cannot issue executive orders, except within their role of responsibility as chosen by the European President. Executive orders issued by Cabinet Secretaries can be overruled by the European Council with a simple majority.


    I also propose that the following section be inserted

    Section VI- Deputy European President


    I- The office of Deputy European President shall be filled by the person who comes second place in the European President election

    II- The Deputy European President shall be considered a part of the European Executive

    III- The Deputy President shall have the same powers of a Cabinet Secretary and shall be first in the line of succession should the European President become unfit to govern through death, illness or if impeached by an act of the European Council.


    I also propose that the following section be inserted into the proposal,


    Section VII Implementation
    I- In order to allow for elections and preparations this amendment will take effect at the end of the current commission period on 9th March 2016.
    II- The implementation of this amendment shall be monitored jointly by the Premier Commissioner and Council Speake
    III- All references to the "European Commission" or "Commission" or "Commissioners" of all positions shall be amended to "Members of the European Executive" or "The European Executive" as necessary within the European Constitution or other legislation both nationally and regionally within the European Union.



















  • Moderator

    I vote FOR Speaker Walters' amendments, Councillor Jaevons' amendment and my own amendment.

    I vote AGAINST Councillor Heaven's amendments.


  • ECoJ

    On behalf of His Imperial Majesty, I vote FOR Speaker Walters', Cllr. Firoux', and my own amendments.

    I also vote FOR Cllr. Heaven's first and fourth amendment, but vote AGAINST her other amendments.

    Ralph Jaevons



  • Commission

    on behalf of the Government of Davishire, I vote FOR the speakers fifth proposed amendment, FOR Councillor Firoux's amendments, FOR councillor Jaevons amendment and FOR all of my amendments.

    I vote against those amendments not already mentioned


  • Moderator

    On behalf of the Microstate of Inquista, I vote FOR this bill.


  • ECoJ

    His Imperial Majesty Emperor Artabanos disapproves of this bill, therefore I vote AGAINST it.


    Ralph Jaevons


  • Commission

    I, Iain Duncan Smith, on behalf of the United Kingdom of Great Britain and Ireland, vote AGAINST this bill.


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